Where the parties to a share purchase agreement agreed that New York would be the exclusive forum for disputes, the suit was transferred to the Southern District of New York. Although the seller argued that the suit could remain in ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Barbara Milano Keenan

Where the installer of a grain elevator that was sued for improper installation argued the suit was barred by the statute of limitations, but a longer statute of limitations applied to written contracts for services, and it was possible to ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

Where the parties’ surety contract provided that if the limitation period for filing a claim against a performance bond was void, then the minimum limitations period under Virginia law would apply, that period is not the five-year default limitation for ...

Tagged with: Contract Supreme Court of Virginia

Where plaintiff claims that defendant, a mortgage loan servicer, breached a contract, plaintiff’s claim is dismissed because “the Court is unable to determine exactly what [plaintiff] is claiming[.]” Overview In 2005, Perez, the plaintiff in this case, alleges that she ...

Tagged with: Contract Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where there was disputed evidence on whether the employer reserved its right to amend life insurance coverage under its benefits plan, summary judgment was improvidently granted to the employer in a putative class action initiated by retirees and beneficiaries, alleging ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Robert B. King

Where a tenant argued a landlord received an improper windfall because it was awarded both late fees and interest for a breach, thus leaving it in a better position than if there had not been a breach, that argument was ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer

Where two persons sought a declaratory judgment that they weren’t liable under an indemnity agreement, the suit was transferred to North Carolina federal court because that was the locus of the activity, the indemnity agreement was governed by North Carolina ...

Tagged with: Contract Judge Henry E. Hudson U.S. District Court - Eastern District

Even though defendants concede they breached their commercial lease of plaintiff’s property by failing to obtain insurance, plaintiff’s suit for possession is dismissed. The lease specifies a procedure to reclaim the property in the event of a default. Plaintiff did ...

Tagged with: Contract Judge Angela L. Horan Prince William County Circuit Court Virginia Circuit Courts

Where an investment banking advisor claimed it lost a significant fee when another company purchased the target company, its tortious interference claim failed because the successful purchaser’s conduct was not the reason for the first failed deal. Background Jason Syversen ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

Where a reasonable person would conclude a consultant was entitled to compensation after he fully performed under the parties’ contract, the court did not err in awarding damages using unjust enrichment principles. Background In connection with two undeveloped parcels of ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer